The German BND does the bidding of USA spies

An inter­view on the Ger­man main­stream TV chan­nel ARD.  The pro­gramme is called FAKT Magazin:

BND will bei Spi­on­age mit­mis­chen from Annie Machon on Vimeo.

BBC “World Have Your Say” debate

A recent inter­view on BBC World Ser­vice radio, on “World Have Your Say”.  An inter­est­ing debate with some other former intel­li­gence types:

BBC World Ser­vice “World Have Your Say” inter­view from Annie Machon on Vimeo.

RT interview about new EU data protection measures

Here is a quick inter­view I did about the EU’s new data pro­tec­tion meas­ures, laws that will have to be imple­men­ted in the wake of Edward Snowden’s dis­clos­ures about endemic NSA surveillance:

This is an excel­lent example of how whis­tleblowers con­tinue to make a pos­it­ive con­tri­bu­tion to soci­ety.

European Parliament LIBE Inquiry on Electronic Mass Surveillance of EU Citizens

Below is some back­ground mater­ial from my sub­mis­sion to the European Parliament’s LIBE Com­mit­tee on the implic­a­tions of the NSA scandal.

Here is a video link to the hear­ing.

LIBE Com­mit­tee Inquiry on Elec­tronic Mass Sur­veil­lance of EU Cit­izens, European Par­lia­ment, 30th Septem­ber 2013

Bio­graphy:

Annie Machon was an intel­li­gence officer for the UK’s MI5 in the 1990s, before leav­ing to help blow the whistle on the crimes and incom­pet­ence of the Brit­ish spy agen­cies.  As a res­ult she and her former part­ner had to go on the run around Europe, live in exile in France, face arrest and impris­on­ment, and watch as friends, fam­ily and journ­al­ists were arrested.

She is now a writer, media com­ment­ator, polit­ical cam­paigner, and inter­na­tional pub­lic speaker on a vari­ety of related issues: the war on ter­ror­ism, the war on drugs, the war on whis­tleblowers, and the war on the inter­net.  In 2012 she star­ted as a Dir­ector of LEAP in Europe (www​.leap​.cc).

Annie has an MA (Hons) Clas­sics from Cam­bridge University.

Back­ground material:

Recom­mend­a­tions:

  • Mean­ing­ful par­lia­ment­ary over­sight of intel­li­gence agen­cies, with full powers of invest­ig­a­tion, at both national and European levels.
  • These same demo­cratic bod­ies to provide a legit­im­ate chan­nel for intel­li­gence whis­tleblowers to give their evid­ence of mal­feas­ance, with the clear and real­istic expect­a­tion that a full inquiry will be con­duc­ted, reforms applied and crimes punished.
  • Insti­tute a dis­cus­sion about the legal defin­i­tion of national secur­ity, what the real threats are to the integ­rity of nation states and the EU, and estab­lish agen­cies to work within the law to defend just that. This will halt inter­na­tional intel­li­gence mis­sion creep.
  • EU-wide imple­ment­a­tion of the recom­mend­a­tions in the Ech­elon Report (2001):
  1. to develop and build key infra­struc­ture across Europe that is immune from US gov­ern­mental and cor­por­at­ist sur­veil­lance; and
  2. Ger­many and the United King­dom are called upon to make the author­isa­tion of fur­ther com­mu­nic­a­tions inter­cep­tion oper­a­tions by US intel­li­gence ser­vices on their ter­rit­ory con­di­tional on their com­pli­ance with the ECHR (European Con­ven­tion on Human Rights).”
  • The duty of the European par­lia­ment is to the cit­izens of the EU.  As such it should act­ively pur­sue tech­no­logy policies to pro­tect the pri­vacy and basic rights of the cit­izens from the sur­veil­lance of the NSA and its vas­sals; and if it can­not, it should warn its cit­izens abut this act­ively and edu­cate them to take their own steps to pro­tect their pri­vacy (such as no longer using cer­tain Inter­net ser­vices or learn­ing to use pri­vacy enhan­cing tech­no­lo­gies). Con­cerns such as the trust Europeans have in ‘e-commerce’ or ‘e-government’ as men­tioned by the European Com­mis­sion should be sec­ond­ary to this con­cern at all times.
  • Without free media, where we can all read, write, listen and dis­cuss ideas freely and in pri­vacy, we are all liv­ing in an Orwellian dysto­pia, and we are all poten­tially at risk. These media must be based on tech­no­lo­gies that empower indi­vidual cit­izens, not cor­por­a­tions or for­eign gov­ern­ments. The Free Soft­ware Found­a­tion has been mak­ing these recom­mend­a­tions for over two decades.
  • The cent­ral soci­etal func­tion of pri­vacy is to cre­ate the space for cit­izens to res­ist the viol­a­tion of their rights by gov­ern­ments and cor­por­a­tions. Pri­vacy is the last line of defense his­tor­ic­ally against the most poten­tially dan­ger­ous organ­isa­tion that exists: the nation state. There­fore there is no ‘bal­ance between pri­vacy and secur­ity’ and this false dicho­tomy should not be part of any policy debate.

The Culture High

Culture_High_InterviewI had a fab­ulous time doing an inter­view on behalf of LEAP for the new anti-prohibition film, The Cul­ture High.

Made by Adam Scor­gie, who dir­ec­ted the cult film, The Union, his new work prom­ises to be the film on the sub­ject of can­nabis pro­hib­i­tion.  Thanks to the team for a wide-ranging, lively and stim­u­lat­ing interview.

If you want to sup­port their work, click here.  And the film will be released next summer.

International Day of Privacy, Berlin Demo

The Inter­na­tional Day of Pri­vacy was cel­eb­rated glob­ally on 31 August, with the cases of Chelsea Man­ning and Edward Snowden bring­ing extra energy and res­on­ance to the subject.

I was invited take part in a demon­stra­tion in Ber­lin, cul­min­at­ing with a talk at the hugely sym­bolic Branden­burg Gate. Here’s the talk:

BBC Sunday Morning Live — whistleblower debate

Here is a video of a debate I was involved with about whis­tleblowers on the most recent edi­tion of BBC debate show, Sunday Morn­ing Live. The ques­tion under dis­cus­sion: are whis­tleblowers her­oes or vil­lains?

BBC Sunday Morn­ing Live from Annie Machon on Vimeo.
A shame that some of the stu­dio guests used this oppor­tun­ity to launch ad hom­inem attacks rather than focus on the key ques­tion, but I’m glad I could contribute.

RT interview on Manning sentencing

Here is my most recent RT inter­view, live as Chelsea Man­ning was sen­tenced to 35 years in a US prison for blow­ing the whistle and expos­ing war crimes:

RT Inter­view about Man­ning sen­ten­cing from Annie Machon on Vimeo.

German complicity in NSA PRISM surveillance programme

My latest inter­view on RT about the Ger­man intel­li­gence agen­cies’ com­pli­city in the PRISM sur­veil­lance pro­gramme:

Revealed: Ger­many part­ner of NSA, Merkel denies know­ledge from Annie Machon on Vimeo.

Edward Snowden’s dis­clos­ures first revealed that the NSA had been spy­ing on EU insti­tu­tions; cue Ger­man anger.

Then it was revealed that Ger­many is seen as a Class 3 part­ner in sur­veil­lance by the USA. This means that they are not deemed by the NSA to be intel­li­gence part­ners but rather tar­gets — in the same way as China, Iraq, and Saudi Ara­bia. This means that on aver­age half a bil­lion Ger­man com­mu­nic­a­tions are hoovered up by the NSA every month. And this des­pite a strong con­sti­tu­tion devised to pre­vent such excesses, as the memor­ies of the Gestapo and the Stasi still res­on­ate; cue Ger­man anger.

And now it appears that, des­pite their (unknown?) Class 3 status, the Ger­man intel­li­gence ser­vices, the for­eign BND and the domestic BfV, have them­selves been main-lining off the NSA’s illegal PRISM pro­gramme; cue Ger­man.… polit­ical embar­rass­ment.
With friends like the USA, who needs enemies?

The “Insider Threat”

As the old media pro­pa­ganda battle inev­it­ably heats up around the Edward Snowden case, I stumbled across this little Amer­ican news gem recently. The premise being that poten­tial whis­tleblowers are now deemed to be the new “insider threat”.

Well, the US spooks and their friends have already had a pretty good run through the “reds under the bed” of McCarthy­ism, polit­ical sub­vers­ives, illeg­als, Muslims and “domestic extrem­ists”, whatever the hell that really means leg­ally.  Now they’ve hit on another threat­en­ing cat­egory to jus­tify yet fur­ther sur­veil­lance crack­downs. What’s in a name.….

Firstly, this is old news resur­rec­ted in the wake of the Edward Snowden dis­clos­ures to scare people anew. Way back in 2008 the US gov­ern­ment wrote a report about “insider threats” and the per­ceived danger of the high-tech pub­lisher Wikileaks and, in early 2010 the report was leaked to the very same organisation.

Wikileaks1In 2008 the US gov­ern­ment strategy was to expose a Wikileaks source so that oth­ers would be deterred from using the con­duit in future. Well that didn’t hap­pen — Wikileaks tech­no­lo­gic­ally out­paced the lum­ber­ing, bru­tish might of the US and syco­phantic West­ern intel­li­gence agen­cies.  The unfor­tu­nate Brad­ley Man­ning was exposed by an FBI snitch, Adrian Lamo, rather than from any tech­nical fail­ure of the Wikileaks sub­mis­sion system.

What did occur was a mus­cu­lar dis­play of global cor­por­at­ism, with nation after nation capit­u­lat­ing to take down the Wikileaks site, but mir­ror sites sur­vived that poin­ted to Switzer­land (which has a strong tra­di­tion of dir­ect demo­cracy, self defence and free speech and which remains stead­fastly inde­pend­ent from inter­na­tional dip­lo­matic circle jerks the UN, NATO, and such like.

On top of that, all major fin­an­cial chan­nels stopped dona­tions to Wikileaks — an act now been deemed to be mani­festly illegal in some countries.

Now, in the wake of the Man­ning and Snowden dis­clos­ures, the US main­stream media appears, inev­it­ably, to be try­ing to con­flate the cases of known trait­ors with, you’ve guessed it, bona fide whistleblowers.

Cases such as Ald­rich Ames and Robert Hanssen, who betrayed their coun­tries by selling secrets to an enemy power — the Soviet Union — in an era of exist­en­tial threat. They were trait­ors to be pro­sec­uted under the US Espi­on­age Act (1917) — that is what it was designed for.

This has noth­ing what­so­ever to do with the cur­rent whis­tleblower cases and is just so much basic neuro-linguistic pro­gram­ming. *Yawn*. Do people really fall for that these days?

This is a tired old tac­tic much used and abused in the offi­cially secret UK, and the USA has learned well from its former colo­nial mas­ter — so much for 1776 and the constitution.

How­ever, in the CBS inter­view men­tioned above it was subtly done — at least for a US broad­cast — with the com­ment­ator sound­ing reas­on­able but with the imagery telling a very dif­fer­ent story.

In my view this con­fla­tion exposes a dark hypo­crisy at the heart of the mod­ern military-security com­plex. In the old days the “good­ies” and “bad­dies” were simplist­ic­ally demarc­ated in the minds of the pub­lic: free West good; total­it­arian East bad. This fol­lowed the main­stream pro­pa­ganda of the day, and those who worked for the oppos­i­tion — and the Soviet Union gave the US/UK intel­li­gence axis a good run for its money — were pro­sec­uted as trait­ors.  Unless, of course, they emerged from the rul­ing class, when they were allowed to slip away and evade justice.

And of course many of us remem­ber the scan­dal of the Rus­sian spy ring that was exposed in 2010 — many indi­vidu­als who had illeg­ally been infilt­rated into the US for dec­ades. Yet, when they were caught and exposed, what happened?  A deal was struck between the US and Rus­sia and they were just sent home.

No such lib­er­al­ity is shown to true modern-day whis­tleblowers. Quite the oppos­ite, with the UK and the US will­ing to breach all estab­lished dip­lo­matic pro­to­cols to hunt down their quarry. This des­pite the fact that the whis­tleblowers are lib­er­at­ing inform­a­tion about the illeg­al­ity of our own gov­ern­ments to empower all of us to act as informed cit­izens, and des­pite the fact that they are expos­ing global-level crimes.

Bradley_Manning_2Brad­ley Man­ning and Edward Snowden have risked their lives to expose the fact that we are liv­ing under a global police state and that our mil­it­ary and intel­li­gence agen­cies are run­ning amok across the planet, with CIA kill lists, rendi­tions, tor­ture, wars, drone strikes and dirty tricks.

Yet the West is not offi­cially at war, nor is it facing an exist­en­tial threat as it did dur­ing the Second World War or the so-called Cold War.  Des­pite this, the US has used the Espi­on­age Act (1917) more times in the last 5 years than over the pre­ced­ing cen­tury. Is it sud­denly infes­ted with spies?

Well, no.  But it is sud­denly full of a new digital gen­er­a­tion, which has grown up with the assump­tion that the inter­net is free, and which wants to guar­an­tee that it will remain free without Big Brother watch­ing over their shoulders.  Tal­en­ted indi­vidu­als who end up work­ing for the spy agen­cies will inev­it­ably be per­turbed by pro­grammes such as PRISM and TEMPORA. Law­yers, act­iv­ists and geeks have been warn­ing about this for the last two decades.

By 1911 the UK had already put in place not only the proto-MI5, but also then added the first Offi­cial Secrets Act (OSA) to pro­sec­ute real trait­ors ahead of the First World War. The UK updated the OSA in 1989 spe­cific­ally to sup­press whis­tleblow­ing. The US has learned these legal sup­pres­sion les­sons well, not least by shred­ding its con­sti­tu­tion with the Pat­riot Act.

How­ever, it has neg­lected to update its law against whis­tleblowers, fall­ing back instead onto the hoary old 1917 Espi­on­age Act — as I said before, more times in the past five years than over the last century.

This is indeed a war on whis­tleblowers and truth-tellers, noth­ing more, noth­ing less.

What are they so afraid of? Ideal­ists who believe in the old demo­cratic con­sti­tu­tions? The Uni­ver­sal Declar­a­tion of Human Rights and other such fuddy-duddy concepts?

Or could the real enemy be the bene­fi­ciar­ies of the whis­tleblowers? When the US gov­ern­ment says that Man­ning or Snowden have aided the enemy, do they, could they, mean we the people?

The answer to that would logic­ally be a resound­ing “yes”. Which leads to another ques­tion: what about the nation states — China, Rus­sia, Iran — that we have been told repeatedly over the last few years are hack­ing and spy­ing on us?

The phrase “pot and kettle” springs to mind. There are no good­ies and bad­dies any more. Indeed, all that remains is out­right and shock­ing hypocrisy.

Snowden has laid bare the fact that the US and its vas­sals are the most flag­rant prot­ag­on­ists in this cyber­war, even as our gov­ern­ments tell us that we must give up basic human rights such as pri­vacy, to pro­tect us from the global threat of ter­ror­ism (while at the same time arm­ing and fund­ing our so-called ter­ror­ist enemies).

Yet whis­tleblowers who bravely step up and tell us our gov­ern­ments are com­mit­ting war crimes, that we are being spied on, that we live under Orwellian sur­veil­lance, are now the people being pro­sec­uted for espi­on­age, not the “real” spies and cer­tainly not the war criminals.

In the CBS inter­view, former US Gen­eral Michael Hay­den, ex-head of the CIA and NSA asked: “what kind of moral judge­ment does it take for someone to think that their view trumps that of two pres­id­ents, the Con­gress and Sen­ate, the court sys­tem and 35,000 co-workers at the NSA?”

Er, per­haps someone who does not want to col­lude in the most stark examples of global war crimes and illegal sur­veil­lance? And per­haps someone who believes that the Uni­ver­sal Declar­a­tion of Human Rights was set up for a reason after the hor­rors of the Second World War?

When the rule of law breaks down, who is the real criminal?

What we are wit­ness­ing is a gen­er­a­tional clash, not a clash of ideo­lo­gies. The old­sters still be believe in the Cold War nar­rat­ive (or even “cow­boys and Indi­ans”?) of good­ies, bad­dies and exist­en­tial threats. The digital gen­er­a­tions have grown up in the wake of 9/11 and all the asso­ci­ated gov­ern­mental over-reaction — war crimes go unre­por­ted and untried, real civil liber­ties are an his­toric arte­fact, and the global pop­u­la­tion lives under Big Brother sur­veil­lance. Why on earth is any­one, really, sur­prised when young people of hon­our and ideal­ism try to take a stand and make a difference?

We should be more wor­ried about our future if the whis­tleblowers were to stop com­ing forward.

My RNN interview — Snowden disclosures cause outrage across EU

Here is a recent inter­view I did for the Real News Net­work about the global and European fall-out from the Edward Snowden dis­clos­ures:

And here’s a ver­sion with the text.

Newsletter Excerpt re Edward Snowden

For read­ers who have not yet signed up to my monthly news­let­ter, here is the excerpt about Edward Snowden from my June edi­tion, with a little update at the end:

The Edward Snowden saga is riv­et­ing for me on so many levels.You’ll no doubt be aware of the case, unless you have been liv­ing in a cup­board for the last few weeks.  Snowden is the brave young NSA con­tractor who has blown the whistle on a range of global sur­veil­lance pro­grammes that the Amer­ic­ans and the Brits have developed over the last few years to fight the war on ter­ror­ism spy on all of us.

The sheer scale of his dis­clos­ures so far is incred­ible and has huge implic­a­tions for what remains of our demo­cratic way of life. Just today more inform­a­tion emerged to show that the NSA has been spy­ing on key EU insti­tu­tions — which might go some way to explain­ing why so much recent EU legis­la­tion appears to favour the interests of US cor­por­at­ism over those of European citizens.…

Pun­dits have been call­ing him the most sig­ni­fic­ant whis­tleblower since Daniel Ells­berg, who leaked the Pentagon Papers about the Viet­nam war 40 years ago.  But I would go fur­ther.  In my view Edward Snowden is the most sig­ni­fic­ant whis­tleblower in mod­ern his­tory because, while Ells­berg dis­closed vital inform­a­tion, it was largely a mat­ter that affected the Amer­ic­ans and the hap­less Viet­namese.  What Snowden has exposed, just to date, impacts all of us around the world.

Snowden has con­firmed the darkest fears of legal experts, geeks and con­cerned global cit­izens about the sheer scale of the sur­veil­lance soci­ety we all now live under.  Not only are our intel­li­gence agen­cies run­ning amok, they do so using the infra­struc­ture of the global inter­net mega­corps.  What he has laid bare is the fact that we are all already liv­ing under full-blown fascism.

He played it so well with that early film stat­ing very clearly his motiv­a­tion to go pub­lic — to defend a way of life that he saw was under threat. He appears to have learned from the mis­takes of pre­vi­ous whis­tleblowers.  He chose a journ­al­ist who under­stands the issues and has the fire in the belly and the inter­na­tional pro­file to fight his corner.  Glenn Gre­en­wald is a fear­less cam­paign­ing lawyer-turned-journalist who for years has been defend­ing the work of Wikileaks, with the irony being that he is now the new Assange, being attacked, threatened and smeared for report­ing the disclosures.

Of course, I and many other former whis­tleblowers have been swamped by the usual fren­zied media tsunami, called up for inter­view after inter­view.  For me this began just as I was about to turn in for the night at 11.30pm on 9th June, when RT rang me up ask­ing for an urgent live inter­view just as the iden­tity of Snowden was emer­ging across the world’s media.  After a frantic 15 minutes sort­ing out the makeup and the tech (in that order, nat­ur­ally), I was wide awake again and speak­ing on live TV.  From that came a slew of other requests over the next few days, includ­ing many pro­grammes on the BBC, Sky News, and mul­tiple radio and news­pa­per inter­views.  I could barely find time to leave my phone and com­puter to get to the bath­room.…  Then the wave receded for a few days before Snowden fled to Rus­sia, when the whole cycle began again.

Read­ing about Snowden going on the run also brought back a num­ber of per­sonal memor­ies for me. In 1997 I fled the UK with David Shayler only 12 hours ahead of his ini­tial dis­clos­ures about MI5 crimin­al­ity break­ing in the UK media. We were pur­sued across Europe, and had a month lit­er­ally on the run, fol­lowed by a year liv­ing in hid­ing in la France Pro­fonde before David was arres­ted, pending extra­di­tion, at the request of the Brit­ish gov­ern­ment.  He spent almost 4 months in a Paris prison before the French released him — their view being that he was a whis­tleblower, which was deemed to be a polit­ical offence for which France spe­cific­ally does not extra­dite.  We lived more openly in Paris for another two years, although David was trapped in France — had he trav­elled to another coun­try the whole ghastly extra­di­tion pro­cess would have star­ted again.

Well, there are worse places than France to be trapped in exile, but even so it was dif­fi­cult for him.  How much more so for Edward Snowden, whose options are more ser­i­ously con­strained and who faces life in prison in the US if he is caught?  Know­ing the pen­al­ties he faces and being aware of the track­ing cap­ab­il­it­ies and the ruth­less dis­reg­ard for the law and human rights of the mod­ern US intel­li­gence infra­struc­ture, his bravery in expos­ing the global US sur­veil­lance state is truly breath-taking.

To fin­ish, here is one of my recent Sky News inter­views about the Edward Snowden case:

Sky TV inter­view on Snowden case from Annie Machon on Vimeo.

Addendum: today’s news told us that Bolivian Pres­id­ent, Evo Morales’s offi­cial, dip­lo­mat­ic­ally pro­tec­ted, plane have been barred from fly­ing home from Moscow over much of Euro air­space, where he had been par­ti­cip­at­ing in high-level talks.  The reason being that Edward Snowden might have been be on board. Mor­ales was groun­ded in Aus­tria and had to sub­mit to a police search of the plane, against all dip­lo­matic pro­tocol.  No Snowden was found, naturally.

I see this as a very clever move by per­sons unknown — test­ing exactly what the inter­na­tional response would be if Edward Snowden tries to fly out of Rus­sia.  And the Europeans, under undoubted pres­sure from the US, have fallen for it hook, line and sinker.

The US-Euro com­pli­cit pat­sies have been flushed out by this dip­lo­matic scan­dal. Demon­stra­tions are appar­ently already occur­ring against the French embassy in Bolivia.  And this on the same day that the French Pres­id­ent, Fran­cois Hol­lande, used the Snowden dis­clos­ures to delay the rightly-maligned US-EU trade agreement.

So, even as the French use the Snowden dis­clos­ures for polit­ical advant­age, they appar­ently refuse to assist the source.  Which is unfor­tu­nate — my memory of French law is that whis­tleblow­ing is deemed a polit­ical act and the French spe­cific­ally do not extra­dite for alleged polit­ical offences.

Per­haps the French con­sti­tu­tion and law have changed since Sarkozy took France into NATO.…

The Secret Policemen’s Balls-Up

First pub­lished on RT Op-Edge, with the slightly more cir­cum­spect title: “Brit­ish police secretly oper­ated out­side demo­cratic con­trol for years”. Also on HuffPo UK.

In the wake of the global impact of the ongo­ing Edward Snowden saga, a smal­ler but still import­ant whis­tleblower story flared and faded last week in the UK media.

Peter Fran­cis revealed that 20 years ago he had worked as an under­cover cop in the Met­ro­pol­itan Police Force’s secret Spe­cial Demon­stra­tions Squad (SDS) sec­tion. In this role, Fran­cis stated that he was tasked to dig up dirt with which the Met could dis­credit the fam­ily of murdered black teen­ager, Stephen Lawrence and thereby derail their cam­paign for a full and effect­ive police invest­ig­a­tion into his death.  The Lawrence fam­ily cor­rectly believed that the ori­ginal invest­ig­a­tion had been fumbled because of  insti­tu­tional police racism at that time.

The fact that secret police were pos­ing as act­iv­ists to infilt­rate protest groups will come as no shock after the cas­cade of rev­el­a­tions about secret police­men in 2011, start­ing with DC Mark Kennedy/environmental act­iv­ist “Mark Stone”.  Kennedy was uncovered by his “fel­low” act­iv­ists, and nine more quickly emerged in the wake of that scan­dal. This has res­ul­ted in an enquiry into the shad­owy activ­it­ies of these most secret officers, accus­a­tions that the Crown Pro­sec­u­tion Ser­vice sup­pressed key evid­ence in crim­inal tri­als, and a slew of court cases brought by women whom these (pre­dom­in­antly male) police officers seduced.

But the dis­clos­ures of Peter Fran­cis plumb new depths.  In the wake of the Stephen Lawrence murder, many left-wing and anti-Nazi groups jumped on the band­wagon, organ­ising demon­stra­tions and pro­vok­ing con­front­a­tions with the far-right Brit­ish National Party.  There was a clash near the BNP’s book­shop in south Lon­don in 1993.  So, sure, the Met Police could poten­tially just about argue that the under­cover officers were try­ing to gather advance intel­li­gence to pre­vent pub­lic dis­order and riot­ing, although the sheer scale of the oper­a­tion was utterly disproportionate.

How­ever, what is com­pletely bey­ond the Pale is this appar­ent attempt to smear the trau­mat­ised fam­ily of a murder vic­tim in order to derail their cam­paign for justice.

The role of under­cover cops spy­ing on their fel­low cit­izens who are polit­ic­ally act­ive is dis­taste­ful in a demo­cracy. And the fact that, until the ori­ginal scan­dal broke in 2011, the recon­sti­t­uted SDS con­tin­ued to tar­get peace and envir­on­mental protest groups who offered no threat what­so­ever to national secur­ity is dis­grace­ful — it smacks of the Stasi in East Germany.

To make mat­ters even worse, when details emerged two years ago, it became appar­ent that the SDS Ver­sion 2.0 was oper­at­ing out­side the formal hier­archy of the police, with what little demo­cratic over­sight that would provide. In fact, it emerged that the SDS been renamed the National Pub­lic Order Intel­li­gence Unit (NPOIU) and had for years been the private fief­dom of a private lim­ited com­pany — the Asso­ci­ation of Chief Police Officers (ACPO).  Within a notional demo­cracy, this is just gobsmacking.

So how did this mess evolve?

From the late 19th cen­tury the Met­ro­pol­itan Police Spe­cial Branch invest­ig­ated ter­ror­ism while MI5, estab­lished in 1909, was a counter-intelligence unit focus­ing on espi­on­age and polit­ical “sub­ver­sion”. The switch began in 1992 when Dame Stella Rim­ing­ton, then head of MI5, effected a White­hall coup and stole primacy for invest­ig­at­ing Irish ter­ror­ism from the Met. As a res­ult MI5 magic­ally dis­covered that sub­ver­sion was not such a threat after all – this rev­el­a­tion only three years after the Ber­lin Wall came down – and trans­ferred all its staff over to the new, sexy counter-terrorism sec­tions. Since then, MI5 has been eagerly build­ing its counter-terrorism empire, des­pite this being more obvi­ously evid­en­tial police work.

Spe­cial Branch was releg­ated to a sup­port­ing role, dab­bling in organ­ised crime and animal rights act­iv­ists, but not ter­ribly excited about either. Its prestige had been ser­i­ously den­ted. It also had a group of exper­i­enced under­cover cops – known then to MI5 as the Spe­cial Duties Sec­tion – with time on their hands.

It should there­fore come as little sur­prise that ACPO came up with the bril­liant idea of using this skill-set against UK “domestic extrem­ists”. It renamed the SDS as the NPOIU, which first focused primar­ily on poten­tially viol­ent animal rights act­iv­ists, but mis­sion creep rap­idly set in and the unit’s role expan­ded into peace­ful protest groups. When this unac­count­able unit was revealed it rightly caused an out­cry, espe­cially as the term “domestic extrem­ist” is not recog­nised under UK law, and can­not leg­ally be used as jus­ti­fic­a­tion to aggress­ively invade an individual’s pri­vacy because of their legit­im­ate polit­ical beliefs and activism.

So, as the police become ever more spooky, what of MI5?

As I men­tioned, they have been aggress­ively hoover­ing up the pres­ti­gi­ous counter-terrorism work. But, des­pite what the Amer­ic­ans have hys­ter­ic­ally asser­ted since 9/11, ter­ror­ism is not some unique form of “evil­tude”. It is a crime – a hideous, shock­ing one, but still a crime that should be invest­ig­ated, with evid­ence gathered, due pro­cess applied and the sus­pects on trial in front of a jury.

A mature demo­cracy that respects human rights and the rule of law should not intern sus­pects or render them to secret pris­ons and tor­ture them for years. And yet this is pre­cisely what our spooks have been doing – par­tic­u­larly when col­lud­ing with their US counterparts.

Also, MI5 and MI6 have for years oper­ated out­side any real­istic demo­cratic over­sight and con­trol. Until this year, the remit of the Intel­li­gence and Secur­ity Com­mit­tee in Par­lia­ment has only covered the policy, admin­is­tra­tion and fin­ance of the spies. Since the committee’s incep­tion in 1994 it has repeatedly failed to mean­ing­fully address more ser­i­ous ques­tions about the spies’ role, and has been repeatedly lied to by senior spies and police officers.

The spooks are effect­ively above the law, while at the same time pro­tec­ted by the dra­conian Offi­cial Secrets Act. This makes the abuses of the NPOIU seem almost quaint. So what to do? A good first step might be to have an informed dis­cus­sion about the real­istic threats to the UK. The police and spies huddle behind the pro­tect­ive phrase “national secur­ity”. But what does this mean?

The core idea should be safe­guard­ing the nation’s integ­rity. A group of well-meaning envir­on­mental pro­test­ers should not even be on the radar. And, no mat­ter how awful, the occa­sional ter­ror­ist attack is not an exist­en­tial threat to the fab­ric of the nation in the way of, say, the planned Nazi inva­sion in 1940. Nor is it even close to the sus­tained bomb­ing of gov­ern­ment, infra­struc­ture and mil­it­ary tar­gets by the Pro­vi­sional IRA in the 1970s-90s.

Only once we under­stand the real threats can we as a nation dis­cuss the neces­sary steps to take to pro­tect ourselves effect­ively; what meas­ures should be taken, what liber­ties occa­sion­ally and leg­ally com­prom­ised, and what demo­cratic account­ab­il­ity exists to ensure that the secur­ity forces do not exceed their remit and work within the law.

It is only by going through this pro­cess that can we ensure such scan­dals as the secret police will remain firmly in the past. And in the wake not only of Peter Francis’s con­fes­sions but the sheer scale of the endemic elec­tronic sur­veil­lance revealed by Edward Snowden, this long-overdue national debate becomes ever more necessary.

Edward Snowden — the Globalisation of Whistleblowing

I have held back from writ­ing about the Edward Snowden NSA whis­tleblow­ing case for the last week — partly because I was immersed in the res­ult­ing media inter­views and talks, and partly because I wanted to watch how the story developed, both polit­ic­ally and in the old media. The reac­tion of both can tell you a lot.

That does not mean that I did not have a very pos­it­ive response to what Snowden has done. Far from it. The same night the story broke about who was behind the leaks, I dis­cussed the implic­a­tions on an RT inter­view and called what he did Whis­tleblow­ing 2.0.

Why did I say that? Well, it appeared from his ini­tial video inter­view with The Guard­ian that he had learned from pre­vi­ous whis­tleblow­ing cases: he had watched the media and care­fully chosen a journ­al­ist, Glenn Gre­en­wald, with a good track record on the rel­ev­ant issues who would prob­ably fight his corner fear­lessly; his inform­a­tion clearly demon­strated that the intel­li­gence agen­cies were spin­ning out of con­trol and build­ing sur­veil­lance states; he care­fully chose a jur­is­dic­tion to flee to that might have the clout to pro­tect him leg­ally against the wrath of an over-mighty USA; and he has used his inter­net and media savvy to gain as much expos­ure and pro­tec­tion as quickly as possible.

edward_snowdenPlus, he has been incred­ibly brave, con­sid­er­ing the dra­conian war on whis­tleblowers that is cur­rently being waged by the Amer­ican admin­is­tra­tion. There have been three other NSA whis­tleblowers in recent years, all also talk­ing about endemic sur­veil­lance. All have paid a high per­sonal price, all dis­played great bravery in the face of adversity yet, sadly, none has achieved the same level of inter­na­tional impact. Were we just deaf to their warn­ings, or has Snowden played this better?

I think a bit of both.  He’s a geek, a young geek, he will have seen what happened to other whis­tleblowers and appears to have taken steps to avoid the same pit­falls. He has gone pub­lic to pro­tect his fam­ily and pre­vent harm to his former col­leagues in any ensu­ing witch-hunt. And he has fled the coun­try in order to remain at liberty to argue his case, which is key to keep­ing the story alive for more than a week in the gad­fly minds of the old media. I know, I’ve been involved in the same process.

He has blown the whistle to pro­tect an Amer­ican way of life he thinks “worth dying for”. Yet he has broadened out the issues inter­na­tion­ally — what hap­pens in Amer­ica impacts the rest of the world. This, in my view, is cru­cial.  I have been writ­ing for years that the US is increas­ingly claim­ing global legal hege­mony over the entire inter­net, as well as the right to kid­nap, tor­ture and murder for­eign­ers at will.

The Pat­riot Act has not only shred­ded the US con­sti­tu­tion, it also now appar­ently has global reach for as long as our craven gov­ern­ments allow it to. Now we know that this is not some abstract concept, the­ory or spec­u­la­tion — we are all poten­tially being watched

Edward Snowden argued his case very effect­ively in a live chat on The Guard­ian news­pa­per web­site. It became clear that he is indeed a new gen­er­a­tion of whisteblower. This is not someone who wit­nessed one crime and imme­di­ately felt he had to speak out. This is a tech­nical expert who watched, over time and with dis­may, the encroach­ing Big Brother sur­veil­lance state that is tak­ing over the world via the NSA and its clones.

He is young, he had faith that a new gov­ern­ment would mean change, but in the end felt com­pelled to take con­sidered action when he wit­nessed the unac­count­able mis­sion creep, the lim­ited and inef­fec­tual over­sight, and the neutered politi­cians who rush to reas­sure us that everything is legal and pro­por­tion­ate when they really have no idea what the spy agen­cies get up to.

In both the US and the UK the spies repeatedly get away with lying to the notional over­sight bod­ies about mis­takes made, rules bent, and illegal oper­a­tions. Former senior CIA ana­lyst, Ray McGov­ern, has cata­logued the US lies, and here are a few home-brewed Brit­ish examples. The inter­net com­pan­ies have also been wrig­gling on the hook over the last week.

Snowden appears to be very aware not only of poten­tial state level sur­veil­lance but also the global cor­por­at­ist aspect of the sub­ver­sion of the basic com­pan­ies most people use to access the inter­net — Google, Face­book, Microsoft, Yahoo, Apple, Skype et al. A few pion­eers have been dis­cuss­ing the need to pro­tect one­self from such cor­por­at­ist over­sight for years, and such pion­eers have largely been ignored by the main­stream: they’re “just geeks” they are “para­noid”, “tin foil hat” etc.

Edward Snowden has laid bare the truth of this glob­al­ised, cor­por­at­ist Big Brother state. From his pub­lic state­ments so far, he seems very alive to the inter­na­tional aspects of what he is reveal­ing. This is not just about Amer­ic­ans being snooped on, this affects every­body. We are all sub­ject to the bru­tal hege­mony that US securo­crats and cor­por­a­tions are try­ing to impose on us, with no rights, no redress under the law.

Big_Brother_posterWe have already seen this with the illegal US state take-down of Kim Dotcom’s secure cloud ser­vice, Megaup­load, with the global per­se­cu­tion of Wikileaks, with Obama’s war on whis­tleblowers, with the NDAA, with the asym­met­ric extra­di­tion cases, with the drone wars across the Middle East and Cent­ral Asia.….  where to stop?

Snowden, through his incred­ible act of bravery, has con­firmed our worst fears. It is not just cor­por­a­tions that have gone global — sur­veil­lance has too. And now, thank­fully, so too are whistleblowers.

What troubles me some­what is the way that the old media is respond­ing — even The Guard­ian, which broke the story. Glenn Gre­en­wald is an excel­lent, cam­paign­ing journ­al­ist and I have no doubt what­so­ever that he will fight to the wire for his source.

How­ever, the news­pa­per as an entity seems to be hold­ing back the free flow of inform­a­tion. Char­it­ably, one could assume that this is to max­im­ise the impact of Snowden’s dis­clos­ures. Less char­it­ably, one could also see it as a way to eke out the stor­ies to max­im­ise the newspaper’s profits and glory. Again, it’s prob­ably a bit of both.

How­ever, I do not think this will ulti­mately work in the best interests of the whis­tleblower, who needs to get the inform­a­tion out there now, and get the whole debate going now.

Plus, today it was repor­ted that a D-Notice had been issued against the UK media last week. I have writ­ten before about this invi­di­ous self-censorship with which the Brit­ish media col­lab­or­ates: senior edit­ors and senior mil­it­ary per­son­nel and spooks meet to agree whether or not stor­ies may act against “national secur­ity” (still a leg­ally undefined phrase), and ban pub­lic­a­tions accord­ingly. And this is “vol­un­tary” — what does that say about our press hold­ing power to account, when they will­ingly col­lude in the sup­pres­sion of inform­a­tion?

Plus, some of the key journ­al­ists at The Guard­ian who were involved in the Wikileaks stitch-up are also now peck­ing away at the Snowden story. The old media are still con­tinu­ing to act as a bot­tle­neck of the free flow of inform­a­tion from whis­tleblowers to the pub­lic domain. In the post-Wikileaks era, this is a ret­ro­grade step. It is not for them to assess what the pub­lic needs to know, nor is it down to them to ana­lyse and second-guess why any whis­tleblower is doing what they are doing.

As Edward Snowden stated: “The con­sent of the gov­erned is not con­sent if it is not informed”.